The Presents

OHADA and Public Private Partnership Contracts

OHADA’s Bordeaux Days, 7th Edition

Keynote Speaker : H.E.M. ISSOUFOU MOHAMADOU, President of the Republic of (To confirm)

June, 7 and 8 2018 I. EDITO OHADA, 25 years old!

• Since the OHADA Founding Treaty of 17 October 1993 in (), no one could have foreseen that the OHADA would become the major point of attraction, 25 years later, investors, and legal professionals in the African continent. • As Martin Luther King Jr said, "you can not ride on a man who is standing". Thus, little by little, thanks to the solidity of its institutions, the determination of the African leaders, the solidarity of the legal practitioners, the OHADA debut resisted all the impetuous torrents that already threatened to disappear from its conception. Today, the OHADA is 10 Uniform Acts, 17 member countries, a resolutely modern right having recently integrated investment arbitration and commercial mediation. • In this vein, the OHADA BORDEAUX Club has never skimped to contribute to this gigantic work, which is still far from being completed. • That's why, this year we decided to enrich this work by discussing about the contracts of public-private partnerships in Africa. Jacques-Brice MOMNOUGUI Président of OHADA BORDEAUX Club

JO URNÉESOHADA | CLUB OHADA BORDEAUX II. The 7th edition

The 7th Edition

OHADA and Public Private Partnerships

The Economic assets of NIGER

JO URNÉESOHADA | CLUB OHADA BORDEAUX II. The 7th edition THE CHALLENGE OF PUBLIC-PRIVATE PARTNERSHIP IN THE OHADA BUSINESS LAWS DOES NOT PROVIDE TO REGULATE PUBLIC- AFRICA PRIVATE PARTNERSHIPS CONTRACTS The OHADA Business Law does not provide in its treaty to regulate public-private partnership contracts as part of the harmonized business law. These contracts, EACH COUNTRY DEVELOPS IT OWN STRATEGY BY originally imposed on states by donors, have become, IMPLEMENTY in the context of the exploitation of African countries' RECOMMANDATIONS GIVEN resources, real "markets" within the meaning of BY THE DONORS economic business law. Given the proven impact of these markets on the economies of African countries, a FOR A GLOBAL harmonization of PPP rules within the OHADA space REGULATION OF PPP would be a major asset for the Member States, as it has CONTRACTS AS IT HAS been done in European law. BEEN DONE IN EUROPEAN LAW

JO URNÉESOHADA | CLUB OHADA BORDEAUX II. The 7th édition

PROGRAM - THURSDAY 7, June 2018 / 5 pm to 10 pm

Welcome at the Chamber of Gala Dinner Commerce and Trade of Bordeaux

5 pm – 7 pm From 7,30 PM

BUSSINESS MEETING AWARD "MADIBA DE Between the BORDEAUX L’EXCELLENCE SUD OUEST AFRIQUE AFRICAINE" CLUB and the Niger’s delegation

• Navigation and Tourism • Energy • Expoloration

JO URNÉESOHADA | CLUB OHADA BORDEAUX II. The 7th édition

PROGRAM - FRIDAY 8, June 2018 / 9 am to 4 pm

9am-10am 2pm-3pm Public Policies of PPP Contracts Welcome Speeches for SMEs in Africa: The Case of NIGER

10am-11am 3pm-3h30pm Framework, Regulation and Legal Economic integration of SMEs in Framework of PPP Contracts in the setting up of PPP contracts in Europe and in the OHADA Area Africa

11am-12am 3h30pm-4pm Purposes for an Uniform Act of PPP OHADA Investment Arbitration, contracts in OHADA’s spaces a method for resolving PPP contract disputes

JO URNÉESOHADA | CLUB OHADA BORDEAUX II. The 7th edition

PROGRAM (To confirm)

H.E.M. Mohamadou ISSOUFOU President of NIGER

JO URNÉESOHADA | CLUB OHADA BORDEAUX II. The 7th edition

Mrs. Christiane FERAL- Mr. Jérôme DIROU SCHUHL President of Bordeaux’s President of the Bar Association National’s French Bars Counsel

Mr. Samna DAOUDA Mrs. Marie-Aimée President of OHADA’s PEYRON Bars Conference President of Paris’s Bar Association

Mr. Stanley GASTON Mr. Yayé MOUNKAILA President of the Federation of President of Niger’s Bar Haiti’s Bars Association President of the International Conference’s Bars (CIB)

JO URNÉESOHADA | CLUB OHADA BORDEAUX II THE 7th édition

Mr. Damien SIMON Pr. Mohamed HARAKAT Barrister at Bordeaux’s Bar Head of the "Governance of Association Africa and Middle East" / MCO structure President of the Institute of Public Professor at Mohammed V Law University - Rabat Mrs. Caroline LAVEISSIERE Barrister at Bordeaux’s Bar Mrs. Sandrine DACGA Association Barrister at ’s bar / MCO Association / Barrister at Member of institute of Public Law Nigeria’s Bar Association Mme Françoise OKAH PhD in Economics Mr. Julien FOUCHET Monetary Mr. Daniel NGOS Barrister at Bordeaux’s Bar Macroeconomics Barrister at Cameroon’s Association Bar Association Président of the President of the African Association for Federation of Youth Lawyers Unification of Business Law in Europe (AUDE)

JO URNÉESOHADA | CLUB OHADA BORDEAUX II. 7th edition

Mr. Mamadou Ismael KONATE Former Minister of Justice and Human Rights of Barrister at the Bars of Mali and Paris

Mrs. Lisanne Mr. Paul KANANURA CHAMBERLAND POULIN President of Mandela’s Barrister at Bordeaux’s Bar Institute Association Member of Club OHADA BORDEAUX

JO URNÉESOHADA | CLUB OHADA BORDEAUX III. ECONOMIC ASSETS OF NIGER

Niger is a vast landlocked country of more than one million square kilometers. It has nearly 21.5 million inhabitants in 2017 and has one of the highest population growth rates in the world (3.9% per year). Its economy is essentially based on the export of uranium.

JO URNÉESOHADA | CLUB OHADA BORDEAUX III. ECONOMIC ASSETS OF NIGER

FOURTH WORLD ECONOMIC POWER PRODUCER OF URANIUM Niger has become in ten years the fourth largest producer of uranium OF NIGER with almost 5,000 tons (in thousands).

PETROLEUM AND GOLD PRODUCTS EXP O RTA Niger is the country with the youngest Oil production is estimated at 300 population in the world. Its growth is billion barrels and more than 2,000 one of the largest in Africa with 5.2% in kg of gold has been produced.

2017 and 5.4% in anticipation for 2018. AGRICULTURE, The oil and agricultural sectors (3N) are LIVESTOCK, FISHING AND SILVICULTURE the economic lungs of the country It is the country's leading business sector with almost half of the country's GDP.

JO URNÉESOHADA | CLUB OHADA BORDEAUX III. ECONOMIC ASSETS OF NIGER

INFRASTRUCTURE AND INVESTMENTS

In 2018, growth will be boosted by investment in infrastructure, increased productivity and a relative rise in uranium prices, boosting production. The sectors targeted for strong growth are: • Transportation • Agricultural productivity (pushed by the 3N initiative) • energy

JO URNÉESOHADA | CLUB OHADA BORDEAUX IV. CONTACT AND RESERVATION

THE OHADA’s BORDEAUX DAYS

LE CLUB OHADA BORDEAUX

2 7 B I S R U E D U H Â 3 3 0 0 0 B O R D E A U X ( F R A N C E ) S I R E T : 8 1 1 4 8 0 6 9 8 0 0 0 1 8

C L U B O H A D A B O R D E A U X 2 0 0 5 @ G M A I L . C O M

0 5 . 5 7 . 5 9 . 8 5 . 6 9

OHADABORDEAUX2005 OHADA_BORDEAUX WWW.JOHAD ABORDEAUX.COM

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